| THE PEOPLE V ANDREW P. SHUBERT |
| Motion No: KA 10-01015 |
| Slip Opinion No: 2010 NY Slip Op 84341(U) |
| Decided on October 5, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-01015
Indictment No: 08-7874
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDREW P.
SHUBERT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered May 11, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph Cardone, Esq. dated September 14, 2010, the notice of motion with proof of service thereof, the affidavit of Maurice J. Verrillo, Esq. sworn to October 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 3, 2011.
Entered: October 5, 2010
Patricia L. Morgan, Clerk